BIRMINGHAM, Alabama - Jefferson County attorneys this morning expressed concerns to a federal judge that the person appointed to control hiring and firing for county jobs would need to work within the legal and financial constraints of the county's bankruptcy.

Smith in August ordered that a receiver be appointed over county hiring and firings after he found the Jefferson County Commission had not abided by a 1982 federal consent decree over hiring practices. The decree came as the result of lawsuits claiming discrimination against blacks and women in county employment practices.

So far today the judge has heard from Rowan Wilson, attorney for the Martin-Bryant plaintiffs, regarding their proposal for the duties and powers the receiver should have and what changes county attorneys want to make to that proposed list. Details in the proposal have not yet been made public.

County attorneys this morning agreed that the receiver will have broad powers over hiring, firing, promotions and discipline. But they expressed concern about the impact the receiver's ability to control spending over personnel matters could have on the county's effort to exit bankruptcy by the end of this year. Among the concerns is how creditors might view the ability of a third party to control spending in the county.

David Smith, an attorney for the county, told the judge that if the receiver is to have the power to spend, they just want to be clear about it.

Wilson said that receiver needs to have the authority to spend money to do his job. "Otherwise he has to come back every time and beg and that's no way to get things done," he said.

Judge Smith told the county attorneys that if they have a problem or disagree with something the receiver is doing or spending they can come to him immediately. "I will not permit any receiver to run amok in Jefferson County," he said.

Judge Smith said he doesn't want to assume the duties of county commissioners. But he added he also doesn't want to see county commissioners overriding the hiring process, as had been done in the past, in order "to get a handpicked candidate."